New Era man, 19, sent to jail for invading home.

Levi Richard with his attorney, Timothy Hayes.

New Era man, 19, sent to jail for invading home.

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By Allison Scarbrough. Editor.

HART — A 19-year-old New Era man was sentenced to serve 45 days up front of a six-month discretionary jail term Monday, Dec. 5, in 27th Circuit Court, for a conviction of third-degree home invasion.

Levi Alan Richard, of 3591 S. Water Rd., initially faced one count of second-degree home invasion, which was dismissed when he pleaded guilty to the lesser charge.

Co-defendant Daniel Balderas, 21, of 613 E. Adams Rd., Hart, pleaded “no contest” last September in 78th District Court to breaking and entering – illegal entry and was sentenced to 90 days discretionary jail to ensure compliance with sentence; credit for time served if imposed; $400 in fines and costs. One count of second-degree home invasion was dismissed.

The two went into a house on West Tyler Road in Hart Township last August and stole a TV, purse and cash, Oceana County Prosecutor Joseph Bizon said. Balderas received a misdemeanor conviction, and thus a lighter sentence, because he cooperated with authorities and testified against Richard.

Holmes Youthful Trainee Act (HYTA)* status was considered for Richard but determined to be “inappropriate,” Bizon said. However, if he successfully completes probation after two years, he can withdraw his felony plea and plead to misdemeanor, he said.

Richard was ordered to pay $2,581 in restitution. He received credit for 13 days served in jail.

*HYTA expained here